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Social Media Behavior to Avoid During Your Divorce


According to an article in the National Law Review, 81% of divorce attorneys were able to locate incriminating evidence to use against another party on social media. This evidence was able to be presented in court during a divorce proceeding. Using social media as an outlet for your frustration in a divorce  or custody matter is not only unproductive emotionally, but those short Instagram comments, Twitter tweets, and Facebook posts can permanently affect your case. Here are some social media behaviors to avoid as you go through the divorce process.

Divorce Announcement

Announcing your pending divorce on social media may bring opinions, arguments, and backlash. Waiting until the divorce is completely finalized to make a short non-emotional comment regarding your current status, can ensure that nothing is said that can be used in the divorce process.

Inappropriate Pictures

Be vigilant that your social media account, and those of your friends, never connect you or associate you with anyone inappropriate, engaging in inappropriate behavior, or in places that you should not frequent. Images of you drinking excessively, inappropriate pictures, or pictures with someone you are accused of having an affair with, can negatively affect your divorce proceeding.  Also be aware of having your children in photographs with people who may be deemed inappropriate by your spouse or the court.

Financial Caution

If you use social media to highlight or brag about a recent shopping spree or your last luxurious vacation, these images can be used against you as evidence regarding your finances.  Also beware of posting about things you are selling or side jobs you offer.  These pictures can be potential evidence to prove that you have or make more money than you claim. 

Avoid Deleting Anything on Social Media

Social media posts are permanent in the sense that anyone can take a screenshot of something that was on social media even for 5 seconds and keep it permanently. Even if you feel some of your posts are cringe-worthy, never delete them. The reason is that if you delete them, a court can consider that action to be the illegal destruction of evidence. Therefore, never delete anything and just be cautious of the posts, messages, and comments you write on any social media account.   Also, make sure that you check your privacy settings and/or block people who may browse your page for damaging evidence.  While your social media information may still be requested in discovery, it’s best not to make it easy for them to find it in case they fail to ask for it.

Disable GPS or Location Access  

If you are in danger, have been abused, or fear for your safety or the safety of your children, immediately disable the GPS or location access in all of your social media apps and also anywhere your phone may have this feature. Every phone is different, so if you are unclear as to how to disable the location access or GPS features throughout your phone, you can visit an electronics store to help you. As always, contact law enforcement if you feel you are in danger.

Let Us Help You Today 

Your behavior on social media can negatively impact your divorce case. Visiting with an experienced divorce attorney can help you understand what you should and should not post on social media. Additionally, a divorce attorney can help determine if the postings on your spouse’s social media accounts can be beneficial to your case. Discuss your options with an experienced Prince Frederick divorce attorney serving southern Maryland at Meng Law at 786-776-0130 or online today for a free consultation.


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